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Mesopelagic Mysteries: Regulating an Emerging Resource Amid Uncertainty Ocean Development & International Law (IF 1.278) Pub Date : 2024-03-06 Anita Rayegani
Mesopelagic species, which inhabit depths between 200 to 1000 m, have regained attention as potential new resources to replace and supplement the use of traditionally overfished species. Research a...
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Emergency Marine Protected Areas Under the BBNJ Agreement: A Feasible Solution for Emergencies in ABNJ? Ocean Development & International Law (IF 1.278) Pub Date : 2024-02-26 Xiaoyi Jiang, Zhiwei Wang
An emergency marine protected area (EMPA) refers to a type of area-based management tool (ABMT) designated on an interim basis with immediate effect, pending the establishment of formal marine prot...
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European Approaches Support an Essential Definition of Ecosystem-Based Management and Demonstrate Its Implementation for the Oceans Ocean Development & International Law (IF 1.278) Pub Date : 2024-02-04 Gunnar Sander
Unclear, contested definitions and high complexity have been used to explain why ecosystem-based management (EBM) has been hard to implement. This still seems to be a problem, judging from the unsp...
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Dynamic Ocean Management in Areas Beyond National Jurisdiction Ocean Development & International Law (IF 1.278) Pub Date : 2024-01-02 Aron Westholm, Gabriela Argüello
Law and space are intimately connected. In the ocean, the natural environment is divided into maritime zones. Such a division neglects the interconnected nature of the ocean and its inhabitants. Si...
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The BBNJ Agreement: Through the Prism of Deep-Sea Vulnerable Marine Ecosystems Ocean Development & International Law (IF 1.278) Pub Date : 2024-01-02 Sarah Lothian
On 19 June 2023, member States of the United Nations adopted, by consensus, the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine...
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Maritime Security in the Baltic and Japanese Straits From the Perspective of EEZ Corridors Ocean Development & International Law (IF 1.278) Pub Date : 2023-11-08 Alexander Lott
This study focuses on the practice of the Baltic Sea coastal states and Japan in voluntarily limiting the outer extent of their territorial sea in straits. The reasons for the establishment of narr...
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‘One Map to Rule Them All’? Revisiting Legalities Through Cartographic Representations of the Northwest Passage Ocean Development & International Law (IF 1.278) Pub Date : 2023-11-08 Apostolos Tsiouvalas, Jan Jakub Solski
In the legal conceptualization of space, cartography has always been a fundamental tool narrating, representing, generating, or even (re)claiming territory. In this article, we examine the relation...
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Challenging the Notion of a “Single Continental Shelf” Ocean Development & International Law (IF 1.278) Pub Date : 2023-10-29 H. J. Woker
According to international courts and tribunals, there exists in law only a “single continental shelf,” rather than an “inner” and an “outer” continental shelf. What originally started as a simple ...
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What Is Innocent? Freedom of Navigation Versus Coastal States’ Rights in the Law of the Sea Ocean Development & International Law (IF 1.278) Pub Date : 2023-10-26 Christine Bianco, Zenel Garcia, Bibek Chand
Freedom of navigation and the rights of coastal states in zones extending from their shores are two of the foundational pillars of the law of the sea regime. However, these two foundational pillars...
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Decommissioning Offshore Windfarms and Grid Infrastructure: To Remove or Not to Remove? - A Belgian Law Perspective Ocean Development & International Law (IF 1.278) Pub Date : 2023-10-15 Angelo Goethals, Frank Maes
This article explores the applicable international and regional rules and standards for the decommissioning and removal of offshore installations. In addition, the Belgian legal approach to the dec...
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Harnessing the Wind Down Under: Applying the UNCLOS Framework to the Regulation of Offshore Wind by Australia and New Zealand Ocean Development & International Law (IF 1.278) Pub Date : 2023-09-04 Camille Goodman
This article considers how the 1982 United Nations Convention on the Law of the Sea (UNCLOS) applies to the production of energy from wind in waters under national jurisdiction, with a focus on the...
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Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea: Implications for the Customary International Law of the Sea Ocean Development & International Law (IF 1.278) Pub Date : 2023-08-30 Frances Anggadi, Camille Goodman, Natalie Klein, Donald R. Rothwell
The International Court of Justice’s judgment in Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea reflects one of the most significant contributions the Court has mad...
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Designing Law and Policy for the Health and Resilience of Marine and Coastal Ecosystems—Lessons From (and for) Aotearoa New Zealand Ocean Development & International Law (IF 1.278) Pub Date : 2023-07-03 Elizabeth Macpherson, Eric Jorgensen, Adrienne Paul, Hamish Rennie, Karen Fisher, Julia Talbot-Jones, Judi Hewitt, Andrew Allison, Jill Banwell, Alexandra Parkinson
Abstract Ecosystem-based approaches to marine management, which integrate marine law and policy across sectors, communities, and scales, are increasingly advocated for in international policy debates and scholarly literature. We highlight critical and timely opportunities in Aotearoa New Zealand’s evolving legal context to support an ecosystem-based approach across fisheries regulation, biodiversity
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Assessment of the Legal Regime for Protecting Abandoned Seafarers: A Study in Light of the 2006 Maritime Labour Convention Ocean Development & International Law (IF 1.278) Pub Date : 2023-06-05 Mohit Gupta, S. Shanthakumar
Abstract Abandonment is a significant challenge that seafarers face today. The number of seafarer abandonment instances has increased between 2020 and 2021, and dealing with this issue has become a major concern for policymakers. In 2021, in total, 1,399 seafarers on 94 vessels were abandoned. The 2006 Maritime Labour Convention (MLC) was amended in 2014 to include provisions for protecting abandoned
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Can the International Regulatory Framework on Ships’ Routing, Ship Reporting, and Vessel Traffic Service (VTS) Accommodate Marine Autonomous Surface Ships (MASS)? Ocean Development & International Law (IF 1.278) Pub Date : 2023-06-05 Iva Parlov
Abstract The recent maiden voyage of the Yara Birkeland witnessed yet another development in autonomy that is transforming the maritime sector. Marine autonomous surface ships (MASS) are claimed to bring many opportunities to society at large, not least in terms of operational efficiency and safety of the crew, fewer emissions, and greener shipping. On the assumption that MASS will prove safe enough
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From “Common Pools” to “Fish Pools”: Shifting Property Institutions in Traditional Waters of Norway and Canada Ocean Development & International Law (IF 1.278) Pub Date : 2023-05-02 Apostolos Tsiouvalas, Jen Evans
Abstract Although exclusive common pool resource management regimes have locally been applied since time immemorial in many coastal and fjord areas, in the legal conceptualization of space, the oceans and their living resources were traditionally treated as a “global commons.” The idea of restricting access to coastal oceanic resources and delegating their governance to state instruments has become
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The Polar Code Process and Sovereignty Bargains: Comparing the Approaches of Canada and Russia to POLARIS Ocean Development & International Law (IF 1.278) Pub Date : 2023-04-07 Jan Jakub Solski
Abstract Owing to a shift from the culture of compliance to the culture of benchmarking, the Polar Code process of ensuring safe operation and environmental protection in Polar waters is still ongoing. The risk and goal-based approaches embedded in significant parts of the Polar Code invite different stakeholders to participate in the development of Arctic shipping governance. The methodology used
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Ship Surveys and Certification During Global Health Pandemics; Challenges and Opportunities Presented by COVID-19 Ocean Development & International Law (IF 1.278) Pub Date : 2023-03-24 Dawoon Jung
Abstract This article examines how flag states, port states, and the shipping industry have attempted to fulfill their obligations to carry out mandatory ship surveys and certification in response to challenges arising from the COVID-19 pandemic and provides guidance for future pandemics. Although the International Maritime Organization (IMO) Conventions do not have procedures to deal with the impacts
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Back to the USSR: The Consequences of the 1965 Soviet Decree No. 331-112 “On the Procedure for Navigation of Foreign Ships in the Straits Along the Track of the Northern Sea Route” on Today’s Navigation Through the Russian Arctic Straits Ocean Development & International Law (IF 1.278) Pub Date : 2023-03-14 Pierre Thévenin
Abstract This article analyzes the consequences of the recently declassified Soviet decree No. 331-112 of 27 April 1965 that established, inter alia, the status of the Soviet Arctic straits along the Northern Sea Route with respect to warships’ right of innocent passage. This article argues that the decree, read in conjunction with Article 5.2 of the 1958 Convention on the Territorial Sea and Contiguous
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Reviving the Monetary Gold Principle? A Case Note on the Judgment of Preliminary Objections in the Mauritius/Maldives Case Ocean Development & International Law (IF 1.278) Pub Date : 2023-02-24 Xu Qi
Abstract In the 2021 Mauritius/Maldives (preliminary objections) case, the Special Chamber of the International Tribunal for the Law of the Sea (ITLOS) rejected Maldives’ first and second preliminary objections to jurisdiction, which were based on the Monetary Gold principle. However, the Special Chamber’s reasoning regarding the Monetary Gold principle in this case is questionable. This article discusses
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The Regulatory Powers of the International Seabed Authority: Security of Tenure and Its Limits Ocean Development & International Law (IF 1.278) Pub Date : 2022-12-30 Alberto Pecoraro
Abstract The International Seabed Authority is the global international organization through which 167 member states organize and control deep seabed mining in the international seabed. In addition to allocating mining rights, the Authority elaborates, amends, and enforces rules applicable to extractive activities in the Area. However, its freedom of action vis-à-vis deep seabed mining operators is
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The Expanding Role of Classification Societies in Conserving the Marine Environment: The Case of the 2004 BWM Convention Ocean Development & International Law (IF 1.278) Pub Date : 2022-12-11 Zhongyu Li, Makoto Seta
Abstract Private actors and their roles in conserving the marine environment have attracted increasing attention. Although classification societies were originally designed as industrial organizations developing internal standards on hull and machinery, their contributions to the marine environmental protection should not go ignored. As exemplified by the Ballast Water Management (BWM) Convention,
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Waste Management on Fishing Vessels and in Fishing Harbors in the Barents Sea: Gaps in Law, Implementation and Practice Ocean Development & International Law (IF 1.278) Pub Date : 2022-12-02 Linda Finska, Ludmila Ivanova, Ingvild Ulrikke Jakobsen, Heidi Rapp Nilsen, Anne Katrine Normann, Jan Solski
Abstract This article aims to map and provide an overview of international, regional, and national law applicable to marine waste in the Barents Sea, and to analyze fishing industry actors’ practices and perceptions of marine waste. We identify gaps between the law and its implementation, enforcement, and practice. The legal framework for marine plastic pollution in the Barents Sea and the Arctic is
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Resolving Maritime Delimitation Disputes by Agreement: The Danish–Polish Boundary in the Area of the Island of Bornholm Ocean Development & International Law (IF 1.278) Pub Date : 2022-10-17 Marcin Kałduński
Abstract The extension of coastal states’ jurisdiction over seas in the twentieth century significantly increased the maritime area of overlapping entitlements. The Baltic Sea is a textbook example of such competing claims. In principle, the two main avenues for a coastal state to resolve its dispute are to either conclude a delimitation agreement or lodge the case with an international court or tribunal
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Geneva Declaration on Human Rights at Sea: An Endeavor to Connect Law of the Sea and International Human Rights Law Ocean Development & International Law (IF 1.278) Pub Date : 2022-09-12 Natalie Klein
Abstract The Geneva Declaration on Human Rights at Sea was officially launched on 1 March 2022. The document was produced by the nongovernmental organization Human Rights at Sea, and responds to an undoubted need to prevent human rights violations at sea and to provide redress to victims of such abuses. Connecting the international human rights regime with the law of the sea has been one of many challenges
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Transparency in the Process of Implementing Article 76 of the UNCLOS: Peering Inside Ocean Development & International Law (IF 1.278) Pub Date : 2022-08-22 Sandrine W. de Herdt
Abstract The lack of transparency in the work of the Commission on the Limits of the Continental Shelf constitutes a major issue for both submitting and third states. In this respect, a careful reader of the reports of UNCLOS Meeting of the States Parties would not fail to discern the constant calls for transparency in the work of this body. While much has already been said on the transparency/confidentiality
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An Appraisal of Article 300 of the United Nations Convention on the Law of the Sea Ocean Development & International Law (IF 1.278) Pub Date : 2022-08-21 Hyun Jung Kim, Anne Thida Norodom
Abstract The aim of this article is to clarify the meaning and scope of Article 300 (good faith and abuse of rights) of the United Nations Convention on the Law of the Sea (UNCLOS). Uncertainty about the meaning of Article 300 raises doubts about its raison d’être. It is insufficient to rely on the means of interpretation of treaties under Articles 31 and 32 of the Vienna Convention on the Law of Treaties
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An Advisory Opinion on Climate Change Obligations Under International Law: A Realistic Prospect? Ocean Development & International Law (IF 1.278) Pub Date : 2022-08-18 Richard Barnes
Abstract On 31 October 2021, an agreement was signed between Antigua and Barbuda and Tuvalu that established a commission with the power to request an advisory opinion from the International Tribunal for the Law of the Sea (ITLOS). Since ITLOS’s advisory jurisdiction has been tested in only one case, I explain and evaluate the procedural obstacles facing this commission, as well as the potential questions
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The Legal Regime of the Strait of Hormuz and Attacks Against Oil Tankers: Law of the Sea and Law on the Use of Force Perspectives Ocean Development & International Law (IF 1.278) Pub Date : 2022-07-20 Alexander Lott, Shin Kawagishi
Abstract The Strait of Hormuz has great significance for the world economy as an oil chokepoint. Yet in recent years, international navigation through the Strait of Hormuz has been repeatedly hampered and subject to discriminatory navigational restrictions and attacks. Such measures have been mostly aimed at oil tankers. This article examines the maritime incidents that occurred in the Strait of Hormuz
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The European Union as a Maritime Security Actor in the Gulf of Guinea: From Its Strategy and Action Plan to the New Concept of “Coordinated Maritime Presences” Ocean Development & International Law (IF 1.278) Pub Date : 2022-05-28 José Manuel Sobrino-Heredia
Abstract This article analyzes piracy and banditry in the Gulf of Guinea, which in the last two decades have increased and which threaten freedom of navigation and fishing activities in the area. The situation is exacerbated by the absence of minimally effective maritime security in the region, in contrast to other areas of the world such as the Indian Ocean. Coastal states in the region are trying
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Regulating Exceptions for Research and Exploratory Fishing in Southern Ocean Marine Protected Areas: A Comparative Analysis on Balancing Conservation and Commercial Use Ocean Development & International Law (IF 1.278) Pub Date : 2022-03-21 Nengye Liu, Alexander Proelss, Valentin Schatz
Abstract This article examines the concepts of “research fishing” and “directed fishing” under the Ross Sea region Marine Protected Area (RSrMPA) with specific regard to MPAs as a conservation tool, drawing comparisons with related concepts contained in two other agreements, namely, the 1946 International Convention for the Regulation of Whaling (ICRW) and the 2018 Agreement to Prevent Unregulated
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Establishment, Notification, and Maintenance: The Package of State Practice at the Heart of the Pacific Islands Forum Declaration on Preserving Maritime Zones Ocean Development & International Law (IF 1.278) Pub Date : 2022-03-21 Frances Anggadi
Abstract In August 2021, Pacific Islands Forum Leaders issued the Declaration on Preserving Maritime Zones in the Face of Climate Change-Related Sea-Level Rise (PIF Declaration), declaring their intention that their maritime zones, and rights and entitlements flowing from those zones, would be maintained notwithstanding the effects of sea-level rise. This article offers a commentary on the PIF Declaration
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Legal Status of the Remote Operator in Maritime Autonomous Surface Ships (MASS) Under Maritime Law Ocean Development & International Law (IF 1.278) Pub Date : 2022-03-04 Junghwan Choi, Sangil Lee
Abstract This study proposes a legal framework for the successful operation of maritime autonomous surface ships (MASS). It discusses the legal status of a remote operator of MASS, and the possibility of granting them status as a ship employee or master. This research argues that the status of seafarer or deemed seafarer should be required for R-level MASS, and the status of master or deemed master
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UNCLOS and Maritime Boundary Disputes in Areas of Hydrocarbon Potential: Oil Under Troubled Waters? Ocean Development & International Law (IF 1.278) Pub Date : 2022-02-17 Vivek Chandra, John R. Morss
abstract The United Nations Convention on the Law of the Sea (UNCLOS) is credited for promoting order in the world’s oceans. This article evaluates UNCLOS in the context of maritime boundaries in areas of hydrocarbon potential. It uses a dataset of 109 maritime boundaries and finds that the most frequent maritime boundary resolution methodology was not a negotiated delimitation agreement, but a solution
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Expanding the Environmental Regulatory Scope of UNCLOS Through the Rule of Reference: Potentials and Limits Ocean Development & International Law (IF 1.278) Pub Date : 2022-01-02 Lan Ngoc Nguyen
Abstract As “the Constitution for the Ocean,” the 1982 United Nations Convention on the Law of the Sea (UNCLOS) provides a general normative framework for the regulation of ocean space. The finer details and specific obligations contained in UNCLOS are elaborated through the use of various techniques and mechanisms—one of which is the “rule of reference.” The “rule of reference” is a technique that
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Recent Developments Concerning Irish Straight Baselines and Bay Closing Lines Ocean Development & International Law (IF 1.278) Pub Date : 2021-11-05 Clive R. Symmons
Abstract Ireland was one of the earliest states to proclaim, in 1959, straight baselines around parts of its coast. This exercise was fundamentally flawed because the linking points of the baselines specified by coordinates at the time had no chart data attached, so that, for example, the extent of the claimed Irish territorial sea (or other zones) could not then be accurately determined. This deficiency
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The ‘Due Regard’ of Article 234 of UNCLOS: Lessons From Regulating Innocent Passage in the Territorial Sea Ocean Development & International Law (IF 1.278) Pub Date : 2021-10-29 Jan Jakub Solski
Abstract Article 234 of UNCLOS is in many ways exceptional, but it is not unique in the sense that it grants to the coastal state “complete” legislative power. Arguably, “complete” coastal state jurisdiction exists in the territorial sea for the purposes enumerated in Article 21(1), allowing coastal states to adopt ship reporting systems, pilotage, and other routing measures unilaterally. The analysis
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Submarine Cables and the Marine Environment: Bringing the First Submarine Cable to the Galapagos Ocean Development & International Law (IF 1.278) Pub Date : 2021-09-08 Vanessa Arellano Rodríguez
Abstract Renowned for its unique flora and fauna, the Galapagos Archipelago is also home to a growing population of more than 25,000 people. Despite receiving approximately 200,000 tourists each year, and having governmental and nongovernmental offices, two airports, and various other human developments, the Archipelago’s telecommunications remain largely dependent on satellites. The absence of submarine
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The Road Not Taken: Submission of Disputes Concerning Activities in Undelimited Maritime Areas to UNCLOS Compulsory Procedures Ocean Development & International Law (IF 1.278) Pub Date : 2021-09-08 Xuexia Liao
Abstract This article explores the plausibility of submitting disputes concerning activities in undelimited maritime areas to United Nations Convention on the Law of Sea (UNCLOS) compulsory procedures in order to invoke the state responsibility of the coastal state for breaching its obligations pending maritime delimitation. Key to this question is the establishment of an UNCLOS tribunal’s jurisdiction
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The Jurisdiction of the Dispute Settlement Bodies of the Law of the Sea Convention With Respect to Other Treaties Ocean Development & International Law (IF 1.278) Pub Date : 2021-09-09 Nigel Bankes
Abstract Part XV of the United Nations Convention on the Law of the Sea (UNCLOS) establishes a system for compulsory and binding dispute resolution. Article 288(2) of UNCLOS allows the dispute resolution system of Part XV to be used by the parties to another international agreement in accordance with the terms of that other agreement, as long as that agreement is related to the purposes of UNCLOS.
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European Union–Falkland Islands Fisheries Relations Post Brexit Ocean Development & International Law (IF 1.278) Pub Date : 2021-09-09 Gabriela A. Oanta
Abstract This article analyzes fisheries relations between the European Union and the Falkland Islands from a legal perspective, paying special attention to the impact of the United Kingdom’s withdrawal from the European Union on the fishing carried out in this British Overseas Territory. Following a brief overview of the fishing conducted in these controversial waters and internationally disputed
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Cruise Ships, COVID-19, and Port/Flag State Obligations Ocean Development & International Law (IF 1.278) Pub Date : 2021-07-01 Andrew Tirrell, Elizabeth Mendenhall
Abstract The COVID-19 pandemic has exposed additional weaknesses of the already troubling “flag of convenience” practices under international law; the passenger cruise industry was especially impacted. Most cruise ships under distress from the pandemic received little aid from their flag states, and many vessels were denied entry into ports of nonflag states (regardless of whether an outbreak had been
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Just a Harmless Fishing Fad—or Does the Use of FADs Contravene International Marine Pollution Law? Ocean Development & International Law (IF 1.278) Pub Date : 2021-04-20 Robin Churchill
Abstract Fish aggregating devices (FADs) are widely used in artisanal fisheries in the Mediterranean Sea and in tropical tuna fisheries. Thousands of FADs are lost or abandoned each year, with many causing environmental damage. This article examines whether such loss or abandonment contravenes international marine pollution law. It finds that abandonment probably constitutes “dumping” within the meaning
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The Artificial Construction and Modification of Maritime Features: Piling Pelion on Ossa Ocean Development & International Law (IF 1.278) Pub Date : 2021-05-11 Reece Lewis
Abstract Coastal states create and modify maritime features. The law of the sea recognizes the existence of artificial islands, installations, and structures. It also defines islands and low-tide elevations as “naturally formed” areas of land. Thus far, however, these concepts have been ambiguously interpreted and applied. This article puts forward a clearer approach. It reemphasizes some of the fundamental
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The Genesis of Article 234 of the UNCLOS Ocean Development & International Law (IF 1.278) Pub Date : 2021-02-24 Jan Jakub Solski
Abstract Article 234 is exceptional regarding its wording and placement in the United Nations Convention on the Law of the Sea (UNCLOS), as well as in its historical background. The Arctic provision has given rise to divergent interpretations regarding the conditions for invoking it, the limitations on the authority under Article 234, and its spatial scope of application. It has served as a justification
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The Adjacency Doctrine in the Negotiation of BBNJ: Creeping Jurisdiction or Legitimate Claim? Ocean Development & International Law (IF 1.278) Pub Date : 2021-02-26 Jinyuan Su
Abstract Adjacency, notwithstanding its status as a basis for generating maritime entitlements, has no place as a principle under the existing law of the sea. To endow it with such status in the negotiation of an agreement for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (BBNJ) is likely to upset the delicate balance between the rights of
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The Passage Regimes of the Kerch Strait—To Each Their Own? Ocean Development & International Law (IF 1.278) Pub Date : 2021-03-24 Alexander Lott
Abstract This study explores the passage regimes of the Kerch Strait and its adjacent maritime areas in the context of current arbitration proceedings between Ukraine and the Russian Federation. It ascertains that conflicting sovereignty claims over Crimea might lead to strait states and user states alike retaining their different approaches to the passage regime of the Kerch Strait. Thus, the regimes
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Identifying “Exclusionary Agreements”: Agreement Type as a Procedural Limitation in UNCLOS Dispute Settlement Ocean Development & International Law (IF 1.278) Pub Date : 2021-03-05 Hayley Roberts
Abstract The United Nations Convention on the Law of the Sea (UNCLOS) is heralded as a constitution for the oceans and, as part of this, provides for a compulsory dispute settlement procedure entailing binding decisions. However, case law and academic commentary have highlighted significant issues in definitively identifying other agreements that could preclude these compulsory procedures—a concept
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Protecting Submarine Cables From Physical Damage Under Investment Law Ocean Development & International Law (IF 1.278) Pub Date : 2021-02-24 Wenlan Yang
Abstract The physical security of submarine cables is under multiple sources of threats from private activities, but the law of the sea does not provide sufficient jurisdiction for the coastal state to regulate these threats. International investment law, however, provides cable investors with the possibility of invoking the full protection and security (FPS) standard against the cable-landing state
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From Rocks to an Archipelago: The Brazilian Interpretation and Application of Article 121 of the United Nations Convention on the Law of the Sea With Respect to the St. Peter and St. Paul Insular Features Ocean Development & International Law (IF 1.278) Pub Date : 2020-10-07 Alexandre Pereira da Silva
Abstract This article examines the Brazilian interpretation and application of Article 121 of the United Nations Convention on the Law of the Sea (UNCLOS) through analysis of the St. Peter and St. Paul insular features, historically considered as a group of rocks. Prior to the entry into force of UNCLOS, Brazil implemented a three-step process to change the legal status of these features in order to
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Relevant Coasts and Relevant Area in the Maritime Delimitation of the EEZ and Continental Shelf Ocean Development & International Law (IF 1.278) Pub Date : 2020-08-27 Yurika Ishii
Abstract This article examines the development of case law concerning the criteria determining the relevant coasts and the relevant areas in delimitation of the exclusive economic zone and continental shelf. There is a discrepancy in the jurisprudence over whether the relevant area is determined by assessing the overlaps of “seaward extension,” “projections,” or “potential entitlement,” and this undermines
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The Relationship Between the Delimitation of the Continental Shelf Beyond 200 nm and the Delineation of Its Outer Limits Ocean Development & International Law (IF 1.278) Pub Date : 2020-07-12 Sandrine W. De Herdt
Abstract It is clear from the plain words of the Article 76, paragraph 10, of the UN Convention on the Law of the Sea that the questions involving the outer limits of the continental shelf beyond 200 nautical miles are without prejudice to the question of delimitation of the continental shelf between states with opposite or adjacent coasts. However, the two processes impact each other, which gives
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When Protest Goes to Sea: Theorizing Maritime Violence by Applying Social Movement Theory to Terrorism and Piracy in the Cases of Nigeria and Somalia Ocean Development & International Law (IF 1.278) Pub Date : 2020-07-10 Patricia Schneider
Abstract The article applies social movement theory to piracy and terrorism as a common conceptual roof, contextualizing and theorizing these phenomena. The cases of Nigeria and Somalia were chosen because pirate and terrorist groups are or have been active in the maritime domain in both countries, posing a problem for the international shipping community. In addition, these cases are special insofar
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Revisiting Bioprospecting in the Southern Ocean in the Context of the BBNJ Negotiations Ocean Development & International Law (IF 1.278) Pub Date : 2020-05-20 Philipp P. Nickels
abstract This article revisits marine bioprospecting in the Southern Ocean in the context of the efforts to develop an international legally binding instrument (ILBI) under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction. After briefly introducing the Antarctic Treaty System (ATS), this
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The “Predominant Interest” Concept in Maritime Boundary Delimitation Ocean Development & International Law (IF 1.278) Pub Date : 2020-05-05 Nicholas A. Ioannides
Abstract State practice reveals that the main reason states conclude maritime delimitation agreements is their desire to reap the benefits accruing from offshore natural resources, especially hydrocarbons. However, international jurisprudence has not expressly taken nongeographical factors into consideration in delimitation cases, even though it has also not totally disregarded them. Since such factors
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Korea–Japan JDZ to End in Deadlock?: The Potential for Unilateral Korean Exploration and Exploitation Ocean Development & International Law (IF 1.278) Pub Date : 2020-01-22 Jee-hyun Choi
Abstract The Korea–Japan Joint Development Zone (JDZ) Agreement of 30 January 1974 was one of a number of innovative arrangements for cooperation in an overlapping maritime area. Nevertheless, four decades after its entry into force in 1978, the Agreement has not produced a single drop of oil. In contrast with Korea’s positive view on an oil discovery, Japan has held a negative stance since its concessionaires’
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From the Desk of the Editor-in-Chief Ocean Development & International Law (IF 1.278) Pub Date : 2020-01-09 Karen N. Scott Editor-in-Chief
(2020). From the Desk of the Editor-in-Chief. Ocean Development & International Law: Vol. 51, No. 1, pp. 1-1.
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In the Same Boat? A Comparative Analysis of the Approaches of Russia and Canada in the Negotiation of the IMO’s Mandatory Polar Code Ocean Development & International Law (IF 1.278) Pub Date : 2019-11-06 Dorottya Bognar-Lahr
Abstract In the field of Arctic shipping, Canada and the Russian Federation have enacted extensive unilateral national regulations cognizant of Article 234, UN Convention on the Law of the Sea. On the global level, both states have been important actors in negotiating the International Maritime Organization’s mandatory Polar Code, a legal instrument with implications for regulations at the national
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Implications of the UNCLOS Marine Scientific Research Regime for the Current Negotiations on Access and Benefit Sharing of Marine Genetic Resources in Areas Beyond National Jurisdiction Ocean Development & International Law (IF 1.278) Pub Date : 2019-10-31 Chuxiao Yu
Abstract Access to marine genetic resources (MGRs) in areas beyond national jurisdiction (ABNJ) and the sharing of benefits arising out of the utilization of these resources are among the most contentious at the UN Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction. This article examines the applicability of the marine scientific research (MSR) regime of the UN
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The Delimitation Method for the Continental Shelf Beyond 200 Nautical Miles: A Reflection on the Judicial and Arbitral Decisions Ocean Development & International Law (IF 1.278) Pub Date : 2019-10-15 Jianjun Gao
Abstract This article examines the practice of the international judicial and arbitral tribunals thus far in delimiting the continental shelf beyond 200 nm, and indicates the trend reflected in the decisions. However, the article disagrees with the critical observation of the tribunals that the delimitation method for the continental shelf beyond 200 nm should follow that within 200 nm. The delimitation